The “age of consent” is the legally recognized age at which an individual is considered capable of consenting to sexual activities. Individuals who engage in any type of sexual activity with persons below the age of consent may be prosecuted for statutory rape or other sex crimes.
The age of consent in Wisconsin is 18 years old. In Wisconsin, an individual must be at least 18 years old to legally consent to sexual activities. Anyone who engages in sexual activity with someone under the age of 18 could potentially face criminal charges.
The Background and History of the Age of Consent
The concept of the age of consent has a long history, differing greatly across cultures and legal systems. In many societies throughout history, the age of consent was often tied to the onset of puberty or the age of marriage.
The modern age of consent laws began to appear in the 19th century. In England, for example, the age of consent was raised from 12 to 13 in 1861 and to 16 in 1885. The purpose was to protect young girls from exploitation in prostitution and child labor.
In the United States, age-of-consent laws were initially established on a state-by-state basis. During the late 19th century, most states set the age of consent at 10-12, and in one case, Delaware, as low as 7. Reformers, however, began working to increase the age of consent in the late 19th and early 20th centuries, largely to protect girls from being forced into prostitution.
Wisconsin Age of Consent: No Exception for Close-in-Age
Some states have “Romeo and Juliet” laws, or close-in-age exemptions, which decriminalize consensual sex between two people who are both under the age of consent but close to the same age. These laws intend to prevent the prosecution of young couples under statutory rape laws where the age difference is small.
Wisconsin does not have a close-in-age exemption. Any sexual activity with a person under the age of 18, even if the other party is also under 18, can potentially lead to prosecution under Wisconsin law.
Wisconsin’s Punishment for Violating Age of Consent Laws
In Wisconsin, sexual assault crimes are classified into four degrees, from first to fourth. The specific classification (degree of misdemeanor or felony offense) and corresponding punishment for violating age of consent laws depend on the circumstances of the offense. These circumstances include the age of the victim, the age difference between the victim and the offender, the nature of the sexual conduct involved, and whether the offender is in a position of authority over the victim.
- First-Degree Sexual Assault: The most serious crime, often involving sexual intercourse without consent and causing injury or sexual intercourse with a person under the age of 13. This degree of assault is a Class B felony, which can lead to a prison sentence of up to 60 years.
- Second-Degree Sexual Assault: This includes sexual contact or intercourse with a person under the age of 16 without their consent. This degree of assault is a Class C felony, which can result in a prison sentence of up to 40 years, a fine of up to $100,000, or both.
- Third-Degree Sexual Assault: This involves sexual intercourse with a person without their consent. This degree of sexual assault is a Class G felony, which carries a potential sentence of up to 10 years in prison, a fine of up to $25,000, or both.
- Fourth-Degree Sexual Assault: The least serious degree involving sexual contact with a person without their consent. This degree of sexual assault is a Class A misdemeanor, which can lead to a prison sentence of up to 9 months, a fine of up to $10,000, or both.
How Does Federal Law Relate to Wisconsin Law on This Issue?
Federal law also addresses the age of consent, primarily in situations that involve crossing state lines, travel to other countries for the purpose of sex with minors, or internet-based situations. The federal age of consent is 18, but it only applies if the sexual act crosses state lines or involves federal property. If the act is entirely within one state’s borders, like Wisconsin, the state’s laws apply.
The primary federal law dealing with the age of consent is the “Protect Act” of 2003. This law makes it a crime to use a facility of interstate commerce, such as the internet, to entice a minor into sexual activity. It also criminalizes the act of traveling across state lines or to other countries for the purpose of engaging in sexual activity with a minor.
Federal laws are designed to protect minors on a national level, and their application can be quite broad due to the nature of interstate commerce and travel. However, federal laws generally apply in situations such as when the act crosses state lines or when the activity involves federal property or is in some way connected to interstate commerce.
On the other hand, state laws regulate the age of consent within the state’s borders. For example, in Wisconsin, the age of consent is also 18. Under Wisconsin law, a person must be at least 18 years old to legally consent to sexual activity. This law applies to everyone within the state of Wisconsin, regardless of whether they are residents or just visiting.
To illustrate how these laws might intersect, consider the following scenario:
A 22-year-old man from Illinois, where the age of consent is 17, begins an online relationship with a 17-year-old girl from Wisconsin. The two meet on a social media platform, and, over time, their relationship becomes romantic and sexually explicit in nature, with such activity limited to online communications.
Under Illinois state law, this relationship might be legal because the age of consent in Illinois is 17. However, because the girl is in Wisconsin, where the age of consent is 18, the man could be charged under Wisconsin law with a crime for engaging in sexually explicit online communication with a minor.
Due to their communications occurring over the internet, which is considered a facility of interstate commerce, the man could also be charged under federal law. Even though no physical contact occurred, the man used a means of interstate commerce to engage in sexually explicit conduct with a person under the age of 18, which is a violation of the Protect Act.
It’s not enough to know the law in your own state; you must also be aware of the laws in the state where the other person resides and how federal law might apply. This is particularly important in the digital age, where online communications can easily cross state lines.
If charges were brought in this scenario, the man could face criminal charges in both Wisconsin and federal court. If convicted, he could face imprisonment, fines, and a requirement to register as a sex offender.
Should I Consult a Criminal Attorney for Issues With Wisconsin’s Age of Consent Law?
Yes, if you’re facing charges related to the age of consent laws in Wisconsin, consult with an experienced criminal defense attorney. These are serious charges that can have lifelong consequences, including imprisonment, fines, and registration as a sex offender.
You can find a Wisconsin criminal lawyer using LegalMatch. LegalMatch is a service that can match you with a local criminal defense attorney who understands the intricacies of Wisconsin’s age of consent laws. An attorney can provide you with legal advice, represent you in court, and work to protect your rights throughout the legal process. Act promptly now and use LegalMatch to find a lawyer to have the best chance at a positive outcome for your case.
